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SUFFOLK COUNTY POLICE DEPARTMENT
ANNUAL REPORT 2016
2
The Suffolk County Police Department Hate Crimes Unit
Hate Crimes Unit
1491 William Floyd Parkway
Shirley, New York 11967
Phone: (631) 852-6323 (Non-emergency)
FAX: (631) 852-6185
Special Victims Section
Lt. Robert Donohue
Hate Crimes Unit
Sgt. Debora Gagliano
Detective Noel Fontanez
Detective John Gonzalez
Detective James Mosby
Detective Sanford Shulder
Principal Clerk
Jennifer Kinahan
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Functions of the Hate Crimes Unit
The Hate Crimes Unit has primary investigative responsibility for Hate Crimes, Non-
Designated Hate Offenses, and Hate Incidents, throughout Suffolk County, except for those
incidents which involve death or which are assigned to other investigative commands by the
Police Commissioner, Chief of Department, or Chief of Detectives. Although another command
may have primary investigative responsibility in such circumstances, the Hate Crimes Unit
nevertheless investigates the hate-related nature of the incident, and assists the primary
investigator(s) as required. The Hate Crimes Unit is charged with and will be responsible for
determining at any stage of an investigation if the offense is a Hate Crime or Hate Incident.
In addition to its investigatory responsibilities, the Hate Crimes Unit is responsible for
analyzing patterns and trends of Hate Crimes and Hate Incidents occurring within Suffolk
County. To aid in this analysis the Hate Crimes Unit maintains a database that contains the
following information:
-New York State Department of Criminal Justice Service (DCJS): Specified Hate
Crimes as per section 485.05 of the New York State Penal Law. (These crimes
are reported monthly to DCJS)
Non-Specified Hate Incidents: offenses that are not defined as Specified Hate
Crimes but appear to be based on a belief that the victim is a member of a
protected class
Other: Incidents flagged as “Possible Hate Offenses” on the Communications
Section Log that are determined not to be a Hate Crime or a Hate Incident.
Members of the Hate Crimes Unit review the Communications Section Log
multiple times on a daily basis and then review the narratives of these incidents in
the Incident Reporting System to ensure the incidents are properly classified
Monthly data collected from review of the Communications Section Log, Precinct Tour
Reports, and the Hate Crimes Database is then used to create a map of Hate Crimes and Hate
Incidents. Cases ultimately classified as neither Hate Crimes, nor Hate Incidents are termed
“Other” and mapped as well. The mapped data is then analyzed to detect possible patterns and
trends across type of incident, geographic incident location, time frame, and demographic
characteristics of both the offender and the victim.
A random audit of all Hate Crimes and Incidents is done on a quarterly basis by the
Commanding Officer of the Hate Crimes Unit and is reviewed by the Commanding Officer of
the Special Victims Section and then the Commanding Officer of the Major Crimes Bureau.
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These cases are reviewed to ensure that the performance standards delineated in policy are met in
every instance.1
In addition to its investigative, analytic and quality control responsibilities, the Hate
Crimes Unit provides instruction to Department personnel and members of the community on
Hate Crimes and Incidents. (Attachment #2) Its instructional efforts re-enforce the need to report
all incidents that appear to contain a “hate element” so that evidence may be timely preserved,
and witnesses identified.
2016 Cases
A total of 102 cases were investigated in 2016, 42 of which were classified and reported as Hate
Crimes. The two most common underlying offenses were Aggravated Harassment (14) and
Criminal Mischief (18).
Chart 2016-1
An additional 195 incidents were also examined by Hate Crimes detectives but not carried as
investigations. Many of these non--criminal incidents included expressions of protected speech.
Of the 42 Hate Crimes, religion was the most common demographic, (Chart 2016-2), with the
Jewish faith being the most targeted religion. (Chart 2016-4)
1 Rules and Procedures Chapter 24, §6 (VI)(D). (Attachment #1)
2016 Hate Crimes
Agg. Harassment
Crim. Mischief
Assault
Burglary
Petit Larceny
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Individuals were targeted more often than organizations in the aggregate (2016-3), as well as
when broken down according to specific demographic. (Chart 2016-5)
Chart 2016-2
Chart 2016-3
30
7
1 4
2016 Target Demographics
Religion
Race/Ethnicity
Gender Identity
Sexual Orientation
Individual 57%
Organization 43%
2016 Victim Type
6
Chart 2016-4
Chart 2016-5
1
6 5 1 1
22
4 2
2016 Demographic Breakdown
1 3 3
1 1
12
3 0
0
3 2
0 0
10
1
2
2016 Demographic Breakdown
Individual Organization
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Mapping
The Hate Crimes Unit maps and monitors incidents in real time to identify the existence of any
patterns or trends. (Attachment #3) The information and mapping is also shared with the
Criminal Intelligence Section for dissemination to staff and relevant commands. Going forward
a mechanism will be created to share this information with line officers throughout the
Department in an efficient and useful manner.
A review of 2016 incidents revealed no detectable patterns of Hate Crimes, but did identify two
separate patterns regarding white supremacist recruitment literature. The first was literature
illustrated with swastikas which was sent to nine identified volunteer fire departments in Suffolk
County. The second was Ku Klux Klan recruitment flyers and business cards that were found in
the Patchogue area on several occasions. While both of these incidents do not rise to the level of
a Hate Crime or Hate Incident, they are being monitored by the Hate Crimes Unit for intelligence
gathering purposes.
Trends in the overall number of Hate Crimes and Incidents have decreased drastically in the last
year. Total cases have gone down over 25% from 2015 while Hate Crimes have decreased
nearly 40%. This decrease marks an acceleration from the 2014-2015 decrease of only 20%.
(Chart 2016-6) In comparison, demographic trends have remained relatively constant with
religion accounting for more than half of all Hate Crimes and Incidents across the three year
period, and the Jewish faith being the most targeted of the religions for that time frame as well.
Chart 2016-6
2014 2015 2016
Total Cases 138 139 102
Hate Crimes 87 69 42
0
20
40
60
80
100
120
140
160
Hate Crimes 2014-2016
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2016 Case Audit
Case #1
On January 8, 2016, Detective Mosby was notified by Police Officer Rios that the word “ISIS”
had been written across the right rear quarter panel of a complainant’s 2011 Mitsubishi which
had been parked in his driveway between 2345 hours on 1/6/16 and 0800 hours on 1/8/16.
Detective Mosby responded to the incident location and interviewed the complainant and his
family. The complainant reported that he is of Middle Eastern descent, is Muslim and that the
vehicle is primarily used by his 21 year old son. Detective Mosby photographed the scene and
prepared affidavits for Criminal Mischief and Making Graffiti. A neighborhood canvas was
conducted which resulted in no leads. The incident was originally classified as a Criminal
Mischief 4th
as a Hate Crime, but was reclassified as a Making Graffiti, based on the fact that the
paint washed off the vehicle and did not cause any damage. The Hate Crimes Unit was
contacted by the Sound Beach Civic Association and the Brookhaven Town Anti-Bias Task
Force both agencies offered their support of the complainant and his family. The complainant
was provided with the contact information for representatives of both agencies. The complainant
was also requested to review exterior video surveillance from his business in Elmhurst as the
vehicle is frequently parked there. No leads were developed from this video surveillance. No
suspects, witnesses or leads were developed in this case; as such the incident is marked pending.
Case #2
On January 15, 2016, Detective Gonzalez was notified by Sergeant Reilly regarding multiple
complaints of graffiti which included swastikas. Detectives Gonzalez and Kessinger responded
to the incident locations, photographed the scenes, canvassed the areas and prepared affidavits.
During the area canvas a spray paint can was located and invoiced as evidence. Additionally the
canvas provided the name of a possible suspect. This suspect was located and interviewed.
During the interview the suspect made oral and written admissions of responsibility for the
numerous incidents. The suspect also had the same color paint on his hands as that of the
graffiti. The suspect was arrested and charged with 4 counts of Making Graffiti and 1 count of
Aggravated Harassment 1st. This case was marked Cleared by Arrest.
Case #3
On February 21, 2016, Detective Sergeant James Brierton was notified by Sergeant Hansen of
the Communications Section regarding Criminal Mischief to a residential garage door in
Sayville. The words “Tranny Trash” was spray painted on the garage door between 2200 hours
2/20/16 and 1345 hours 2/21/16. Detective Sergeant Brierton notified Detective James Mosby
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who responded to the incident location and interviewed the complainant. The responding police
officer had requested a Canine Unit to search the area. The complainant stated he has a
transgender adult child who had not been present at the home for a few days. Detective Mosby
prepared a Criminal Mischief Affidavit and took photographs of the damage. A neighborhood
canvass was conducted for evidence, witnesses and surveillance cameras. None of these were
located. A Mobile Data Computer [MDC] message was sent to all Fifth Precinct Patrol units
requesting any information regarding this incident and a Patrol Check was entered for the
residence. Over the next few days Detective Mosby conducted checks of the location and
contacted the complainant to set up an interview with his child. Detective Sergeant Brierton
contacted the LGBT Network to request their assistance in counseling the complainant and his
family should they request the assistance. The LGBT Network agreed but the complainant
declined this assistance. On 2/26/16, Detective Mosby was contacted by the complainant
regarding suicidal statements his child had posted on social media and that his child had been
transported to the hospital for evaluation. This case has been marked Pending.
Case #4
On February 29, 2016, Detective Gonzalez was notified by Police Officer Perner of a
complainant finding Ku Klux Klan recruitment flyer on his driveway. The flyer was contained
inside a plastic bag with small candies. The neighborhood was canvased but no leads were
developed and no criminal activity was discovered. An MDC message was sent to the precinct
patrol units requesting that Hate Crimes be notified if any additional flyers were discovered.
Additionally patrol units were provided with the local town regulatory code which prohibits the
distribution of flyers. The Criminal Intelligence Unit was notified regarding the flyer. This
incident is non-criminal and is covered under the 1st Amendment of the United Stated
Constitution; as such this incident was marked closed non-criminal.
Case #5
On March 7, 2016, Detective Sergeant Brierton was contacted by Sergeant Fuentes regarding a
Burglary at Saint Hugh of Lincoln Convent. The Sisters of the convent reported discovering an
open window and door and property missing from within the convent. Detectives Gonzalez and
Fontanez responded to the scene. Crime Scene officers documented the scene and recovered
physical evidence including fingerprints. The residents of the convent were interviewed and
Burglary/Larceny Affidavits were prepared. A neighborhood canvas was conducted and area
cameras were reviewed for possible leads. An MDC message was sent to precinct patrol units
regarding the Burglary. The suspect left a note at the scene asking to be forgiven and included a
phone number. The phone number was tried and deemed to be not in service. The phone
company was unable to provide any current records or subscribers for that phone number.
Names of possible suspects were provided to Detective Gonzalez by precinct officers and
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detectives. Identification Section was contacted to compare prints from the scene to the possible
suspects. No matches were found. Detective Gonzalez interviewed the possible suspects and
conducted surveillance of the Convent and Church property to locate other suspects. During the
course of this investigation a second Burglary was committed (See details below) at the Convent.
A suspect was eventually identified via a fingerprint match. The suspect was located and
interviewed during which time he made oral and written statements to having committed both
Burglaries. These admissions provided additional information to reclassify the incidents as Hate
Crimes. This case was marked cleared by arrest.
Case #6
On March 25, 2016, Detective Shulder was notified by Sergeant Fuentes regarding a Burglary at
Saint Hugh of Lincoln Convent. Sergeant Fuentes advised Detective Shulder that the
complainant had encountered an intruder on the second floor of the convent and he had fled the
scene. The complainant then discovered that electronics had been stolen. The Canine Section
had been requested to perform a track of the area to attempt to locate a suspect. Detective
Shulder notified Detective Sergeant Brierton and Detective Mosby and the three of them
responded to the scene. The Crime Scene Section was notified and responded to the scene to
document it and recover evidence. A written statement was obtained from the complainant.
Detective Mosby located a power cord belonging to one of the stolen electronic items in the
church parking lot north of the convent. A canvas of the area was conducted and area business
cameras were viewed for suspects or leads. A suspect was observed walking through the north
parking lot where the power cord was discovered. The Electronic Investigation Section was
notified and a 10-70, Electronic Panic Alarm as well as a camera were installed in the convent.
A Patrol Check was sent to area patrol sectors. Detectives from the Hate Crimes Unit conducted
surveillance of the convent on numerous dates and times. On 4/17/16, Police Officer O’Hagan
arrested a subject for Criminal Trespass in the yard of the convent. A subsequent comparison of
the arrestee’s fingerprints with those found at the scene of the 1st Burglary was deemed a match.
The suspect was entered into the Wanted Persons Section on the Department Portal and local
sectors operators were contacted and notified of the suspect by the Hate Crimes detectives. The
Hate Crimes detectives initiated surveillance of the suspects residence and surrounding area in an
attempt to locate the suspect. On 4/26/16, the suspect was located and transported to the 7th
Precinct by Captain Regina. The suspect made oral and written admissions to committing both
Burglaries and further identified the location of some of the stolen property. Detective Sergeant
Brierton notified the complainants of the arrest. This case and the one above were marked
cleared by arrest.
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Case #7
On April 4, 2016, Detective Shulder was contacted by SRO Police Officer Sganga regarding an
incident in the school involving two students. Detectives Shulder and Mosby responded to the
incident location and interviewed the school principal. She advised the detectives that student #1
had been calling student #2 ISIS because student #2 is Muslim. Student #1 also stated he had
access to guns at his house and could hurt student #2 or his family. Based on this information it
was determined no crime existed. As part of the school investigation of this incident student #1
was suspended from school for carrying a knife on school grounds this was not displayed to or
threatened against student #2 but was discovered during their investigation. Based on the
statement regarding access to guns in the home, Detectives Shulder and Mosby responded to
student #1’s home and interviewed his step-mother. She indicated to the detectives that there
were no weapons in the home and neither she nor her husband possessed any weapons.
Detective Shulder conducted a search of student #1’s father and step-mother and ascertained
neither possessed a pistol permit. An interview of student #2 was conducted and his father was
present upon request. During this interview student #2 requested no police investigation or
action be taken. Detective Shulder obtained a Negative Statement from student #2 and his father
also signed the statement. This incident was classified as a School Incident (Police Information)
and was marked closed non-criminal.
Case #8
On April 15, 2016, Detective Sergeant Brierton was contacted by Police Officer Raspanti
regarding Ku Klux Klan recruitment literature left on the driveway of the complainant. The flyer
was contained inside a plastic bag with rice added for additional weight to aide in throwing the
flyers onto driveways. Detective Sergeant Brierton, Detective Mosby and Detective Shulder
responded to the incident location and interviewed the complainant. They ascertained there were
no cameras or witnesses at the location. A neighborhood canvas was conducted and it was
discovered that other residences in the area had the same literature left on their driveways. The
flyers were gathered for intelligence purposes and Criminal Intelligence Section was notified.
An MDC message was sent to the precinct patrol units advising of the distribution of these flyers
and that they were demonstrative speech. The message also listed the local town code violation
regarding distribution of flyers and requested appropriate action be taken regarding the town
code violation, documentation of a Field Interview as well as notification to the Hate Crimes
Unit should a suspect(s) be located. This case is marked closed non-criminal.
Case #9
On May 23, 2016, Detective Shulder was notified by Detective Pitts regarding a Criminal
Mischief 2nd
of a vehicle. The complainant reported that between 0400 hours on 5/21/16 and
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0700 hours on 5/22/16 his 2016 Chevrolet Cruz was keyed and the word FAG was scratched into
the paint while parked in front of a friend’s house. Detective Pitts interviewed the complainant,
obtained a Criminal Mischief Affidavit and photographed the scene. Detectives Shulder and
Mosby interviewed the homeowner and his son but they were unaware of the damage and could
not provide any leads or suspects. It was also ascertained that there was no video of the scene.
This case was marked pending.
Case #10
On July 8, 2016, Detective Fontanez was contacted by Police Officer Winter regarding Anti-
Semitic and other graffiti spray painted in the roadway reported by a passing bicyclist. Detective
Fontanez responded, took photographs of the graffiti and canvased the area for evidence, video
cameras, suspects and witnesses with negative results. Detective Fontanez interviewed area
residents who stated they believed the graffiti was done by youths and they did not feel targeted.
One resident stated she did observe high school age boys in the area the evening before but
witnessed nothing and had no further information. A town representative was notified and
responded. A Making Graffiti Affidavit was prepared and signed by the town representative.
The graffiti was power washed off the roadway by a resident of the street. This case was marked
pending.
Case #11
On August 29, 2016, Detective Mosby was notified by Police Officer Coquinco regarding
Criminal Mischief 3rd
involving extensive damage and a swastika etched into the paint of a 2012
Mercedes Benz van located in the parking lot of a business in an industrial area. Detective
Sergeant Gagliano and Detective Mosby responded to the incident location and interviewed the
complainant who stated the van was damaged between 2100 hours on 8/26/16 and 0630 hours on
8/29/16. Detective Mosby photographed the scene, dusted for fingerprints and canvassed the
area for evidence, video surveillance and witnesses. A metal handicap parking sign located
inside the van was invoiced into Property Section; it was determined to have been used to break
the rear windows. Detective Mosby located video surveillance at a nearby business which
showed 5 subjects in and around the van some of whom were observed damaging the vehicle.
Detective Mosby secured a copy of the video and responded to Electronic Investigation Section
to obtain photographs of the suspects from this video. On 8/31/16, Detective Mosby responded
to Hauppauge High School to speak with the Principal and Assistant Principal in an attempt to
identify the subjects in the photographs. Detective Mosby also sent out an MDC message
requesting information regarding the Criminal Mischief and requested a Patrol Check for the
area. On 10/4/16, Detective Mosby was contacted by the Assistant Principal who identified 3 of
the individuals from the video. He stated an anonymous student reported to him that the subjects
were bragging on social media about damaging the van. On 10/5/16, Detectives Mosby and
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Shulder interviewed one of the suspects who gave a written statement placing himself the other
two identified subjects and the two previously unidentified suspects at the scene. He also
revealed who did the damage. On 10/13/16, Detectives Mosby and Shulder interviewed a second
subject in the presence of his attorney they obtained a written statement from him. This subject
identified which subjects he had observed damaging the van, specifically what damage they had
done and what instrument they used to do the damage. On 10/24/16, Detective Mosby spoke to
the attorney representing one of the three suspects not previously interviewed and the attorney
declined to allow his client to be interviewed. On 10/28/16, Detective Mosby contacted the
parent of the two brothers to request an interview. The parent forwarded the information for the
attorney representing his sons. The attorney declined to allow his clients to be interviewed. On
11/7/16, Detective Mosby contacted the attorneys for two of the subjects to surrender themselves
to be charged with Criminal Mischief 3rd
NOT as a Hate Crime. No evidence was obtained to
classify this incident as a Hate Crime. On 12/6/16, one juvenile subject surrendered himself with
his attorney and one other subject surrendered himself both were charged with Criminal Mischief
3rd
This case is marked cleared by arrest.
Case #12
On September 26, 2016, Detective Shulder was notified by Police Officer Arceri regarding
damage to a religious statue of the Blessed Virgin Mary. The statue was made of concrete and
the damage consisted of the head being broken off. Detective Shulder responded to the incident
location and interviewed the complainant who told him the damage occurred between 2300
hours on 9/25/16 and 0820 hours 9/26/16. Detective Shulder photographed the scene, and
canvassed the area for video, evidence and witnesses with negative results. He recovered the
statue’s head for fingerprint analysis again with negative results. This case is marked pending.
Case #13
On October 1, 2016, Detective Sergeant Gagliano was notified by Detective Favata regarding an
Assault 2nd
against an African American female and another tenant a Caucasian male. The
tenants had a dispute, whereas the male tenant was throwing objects from his second floor
apartment at the victim and her children and calling them racially insensitive names. The victim
went upstairs to ask him to stop and he retreated inside his apartment and then came back outside
with a kitchen knife and slashed the victim’s left hand. Detective Sergeant Gagliano, Detective
Shulder and Detective Mosby all responded to the scene. Crime Scene responded to photograph
the scene and to recover evidence. The victim transported herself to the hospital prior to police
arrival. The male was arrested at the scene and transported to the precinct. Detective Shulder
conducted a neighborhood canvass and obtained a written statement from one neighbor. The
neighbor stated he heard the argument between the two involved parties. He heard the male
tenant call the victim racially insensitive names and he heard him threaten to shoot her.
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Detective Shulder then responded to the hospital to interview the victim and check on her status.
Detective Mosby responded to the precinct where he interviewed one of the victim’s daughters
who witnessed the incident. Detective Mosby obtained a written statement from this witness.
Detective Mosby then interviewed the arrestee and obtained a written statement from him. In his
statement the arrestee admits to using racially insensitive names, threatening to kick the victim’s
ass, and grabbing a 10 inch chef knife and running outside with it. He claimed they struggled
and he must have cut her hand at that time although he was unaware he had. Detective Mosby
then processed the arrestee for Assault 2nd
as a Hate Crime. This case is marked cleared by
arrest.
Case #14
On December 30, 2016, Detective Gonzalez was contacted by Police Officer Krimsky regarding
stolen religious statues from a Nativity scene at a church. Detective Gonzalez responded to the
incident location and interviewed the part time secretary for the church who stated the statues,
Baby Jesus and a lamb, were removed from the scene between 2300 hours on 12/25/16 and 0515
hours on 12/26/16. She stated that on 12/26/16, they found one of the statues under a bush near
the church school. She also stated she was unsure if there was video surveillance at the school
but that there was not video surveillance of the Nativity scene and that the complainant was a
Father from the church who was unavailable. Detective Gonzalez canvassed the area for
witnesses, and video at nearby businesses with negative results. On 1/3/17, Father notified
Detective Gonzalez that the school manager reviewed surveillance video and observed a male
subject returning the lamb statue and that he was available for interview. Detective Gonzalez
responded to the church, interviewed the Father, prepared Criminal Mischief and Larceny
Affidavits. Detective Gonzalez reviewed the video and requested Electronic Investigation
Section secure a copy. An MDC message, including a snap shot from the video of the male
subject, was sent to all precinct personnel requesting any information regarding the male subject.
On 1/10/17, Detective Gonzalez requested a Crime Stoppers notification from Public
Information Bureau for dissemination to the general public regarding information about the male
subject in the video. This case is currently still an ongoing investigation.
Audit Findings
All cases chosen for review were thoroughly investigate according to the requirements of the
Rules and Procedures, and investigating detectives used best practices in performing their duties.
No deficiencies were detected and therefore no remedial action required.
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Conclusion
The Hate Crimes Unit will continue its efforts to educate the public and increase understanding
of hate-based crime. Effective avenues of communication will be sought, taking into
consideration the language access needs of the residents of Suffolk County. As an example, the
original Spanish language signs on how to report a crime have been replaced using an easier to
read font and have been redistributed to libraries and Spanish establishments throughout Suffolk
County. (Attachment #4)
Investigators will continue to be held to the high standard that they have exhibited so well in
2016, and new additions to the unit will be carefully trained and their performance evaluated.
Standards contained in Rules and Procedures and unit operating procedure will also be reviewed
and updated in the Fall.
POLICE DEPARTMENT COUNTY OF SUFFOLK ACCREDITED LAW ENFORCEMENT AGENCY
DEPARTMENT DIRECTIVE PDCS-2008-1
PAGE 1 OF 18 PAGES
ORDER NUMBER
16-43
TYPE
DEPARTMENT GENERAL ORDER AUTHORITY TIMOTHY D. SINI SIGNATURE
POLICE COMMISSIONER SUBJECT/TOPIC/TITLE
HATE CRIMES
DISTRIBUTION
ALL MEMBERS OF THE DEPARTMENT SECTION CREATED
06/01/92 DATE EFFECTIVE
01/20/16 DATE AMENDED
04/01/16
RULES AND PROCEDURES
CHAPTER 24: TITLE: INVESTIGATIVE OPERATIONS
SECTION 6: TITLE: HATE CRIMES
I. PURPOSE
To facilitate members of the Service in identifying and
investigating Hate Crimes, Non-Designated Hate Offenses, and
Hate Incidents - and assisting victimized individuals and
communities. A swift and strong response by the Department can
help stabilize and calm the community as well as aid in a
victim’s recovery.
II. POLICY
A. Any acts or threats of violence, property damage,
harassment, intimidation, or other crimes motivated by hate and
bias and designed to infringe upon the rights of individuals are
viewed very seriously by the Suffolk County Police Department
and will be given the highest priority. The Department shall
employ necessary resources and vigorous law enforcement action
to identify and arrest Hate Crime suspects. Also, recognizing
the particular fears and distress typically suffered by victims,
the potential for reprisal and escalation of violence, and the
far-reaching negative consequences of these crimes on the
community, members of the Service shall be mindful of and
responsive to the security concerns of victims and their
families.
B. In addition, a member of the Service shall investigate
all complaints alleging the commission of a Hate Crime, a Non-
Designated Hate Offense or a Hate Incident, whether received
Chapter 24 Section 6 Page 2 of 18
from a victim, witness, potential witness, or other third party
reporter.
III. DEFINITIONS
A. Hate Crime - A person commits a Hate Crime when he or
she commits a specified offense [NYS Penal Law §485.05(3) – see
Appendix A at the end of this Rules and Procedures section] and
either:
1. Intentionally selects the person against whom the
offense is committed or intended to be committed in
whole or in substantial part because of a belief or
perception regarding the race, color, national origin,
ancestry, gender, religion, religious practice, age,
disability or sexual orientation of a person,
regardless of whether the belief or perception is
correct.
-or-
2. Intentionally commits the act or acts constituting
the offense in whole or in substantial part because of
a belief or perception regarding the race, color,
national origin, ancestry, gender, religion, religious
practice, age, disability or sexual orientation of a
person, regardless of whether the belief or perception
is correct.
3. As per NYS Penal Law §485.05(2), proof of race,
color, national origin, ancestry, gender, religion,
religious practice, age, disability or sexual
orientation of the defendant, the victim or of both
the defendant and the victim does not, by itself,
constitute legally sufficient evidence satisfying the
people’s burden under paragraph 1 or paragraph 2
above.
B. Protected Class - The actual or perceived race, color,
national origin, ancestry, gender, religion, religious practice,
age (sixty years old or more), disability (physical or mental
impairment that substantially limits a major life activity) or
sexual orientation of a person.
C. Non-Designated Hate Offenses - Any offenses that are
apparently bias-motivated and evince the requisite intent
associated with Hate Crimes, but are not specifically
Chapter 24 Section 6 Page 3 of 18
categorized as Hate Crimes as per Penal Law §485.05(3). Members
shall be cognizant that, although an offense may not be
specifically categorized as a Hate Crime as per Penal Law
§485.05(3), a non-specified offense may be committed by a
perpetrator who intentionally selects the person against whom
the offense is committed or intended to be committed – and/or
who intentionally commits the act or acts constituting the
offense - in whole or in substantial part because of a belief or
perception regarding the race, color, national origin, ancestry,
gender, religion, religious practice, age, disability, or sexual
orientation of a person, regardless of whether the belief or
perception is correct. Examples of such bias-motivated offenses
that may evince the requisite intent associated with Hate
Crimes, but are not specifically categorized as Hate Crimes as
per Penal Law §485.05(3), are as follows:
1. Aggravated Harassment Second Degree P.L. §240.30
(Subdivisions 3 and 5) (Subdivisions 1, 2, and 4 are
designated as Hate Crimes pursuant to P.L.
§485.05(3))-
a. §240.30(3) – A person is guilty of
Aggravated Harassment Second Degree when, with
intent to harass, annoy, threaten or alarm
another person, he or she strikes, shoves, kicks,
or otherwise subjects another person to physical
contact, or attempts or threatens to do the same
because of a belief or perception regarding such
person’s race, color, national origin, ancestry,
gender, religion, religious practice, age,
disability or sexual orientation, regardless of
whether the belief or perception is correct.
b. §240.30(5) – A person is guilty of
Aggravated Harassment Second Degree when he or
she commits the crime of Harassment First Degree
and has previously been convicted of the crime of
Harassment First Degree as defined by Section
240.25 within the preceding ten years.
2. Aggravated Harassment First Degree P.L. §240.31 –
A person is guilty of Aggravated Harassment First
Degree when with intent to harass, annoy, threaten, or
alarm another person, because of a belief or
perception regarding such person’s race, color,
national origin, ancestry, gender, religion, religious
practice, age, disability or sexual orientation,
Chapter 24 Section 6 Page 4 of 18
regardless of whether the belief or perception is
correct, he or she:
a. §240.31(1) – Damages premises primarily used
for religious purposes, or acquired pursuant to
section six of the Religious Corporation Law and
maintained for purposes of religious instruction,
and the damage to the premises exceeds fifty
dollars.
b. §240.31(2) – Commits the crime of Aggravated
Harassment Second Degree in the manner proscribed
by the provisions of subdivision three of Section
240.30 of this article and has been previously
convicted of the crime of Aggravated Harassment
Second Degree for the commission of conduct
proscribed by the provisions of subdivision three
of Section 240.30 or he has been previously
convicted of the crime of Aggravated Harassment
First Degree within the preceding ten years.
c. §240.31(3) - Etches, paints, draws upon or
otherwise places a swastika, commonly exhibited
as the emblem of Nazi Germany, on any building or
other real property, public or private, owned by
any person, firm or corporation or any public
agency or instrumentality, without express
permission of the owner or operator of such
building or real property.
d. §240.31(4) – Sets on fire a cross in public
view.
e. §240.31(5) – Etches, paints, draws upon or
otherwise places or displays a noose, commonly
exhibited as a symbol of racism and intimidation,
on any building or other real property, public or
private, owned by any person, firm or corporation
or any public agency or instrumentality, without
express permission of the owner or operator of
such building or real property.
D. Hate Incident - An incident involving an element of
hate or bias regarding a Protected Class, regardless of whether
the belief or perception concerning the hate incident
target’s/victim’s membership of a protected class is correct,
and regardless of whether said incident is unlawful. The verbal
Chapter 24 Section 6 Page 5 of 18
use of racial or bias epithets motivated by the recipient’s
actual or perceived Protected Class shall constitute a Hate
Incident.
IV. REFERENCES
A. NYS Hate Crimes Act of 2000
B. NYS Penal Law §485.05 Hate Crimes
V. RULES AND REGULATIONS
A. Responsibility - The Hate Crimes Unit will have
primary investigative responsibility for Hate Crimes, Non-
Designated Hate Offenses, and Hate Incidents, except for
incidents involving death, or as determined by the Police
Commissioner, Chief of Department, or Chief of Detectives.
Although another investigative command may have primary
investigative responsibility in such circumstances, the Hate
Crimes Unit shall nevertheless investigate the hate related
nature of the incident, and assist the primary investigator(s)
as required. The Hate Crimes Unit is charged with and will be
responsible for determining at any stage of an investigation if
the offense is a Hate Crime or Hate Incident.
1. Requests - Requests for the immediate response of
the Hate Crimes Unit shall be made via the
Communications Section supervisor.
B. Immigration Status - A member of the Service shall not
inquire of any victim, witness, potential witness, or person
receiving police assistance, as to his/her immigration status.
Consistent with constitutional mandates, as well as basic
principles of effective policing, victims, as well as witnesses
and other persons requesting police assistance, should not be
discouraged from approaching police officers out of fear of
inquiry into their immigration status. An exception to this
requirement shall exist if any of the following situations
occur:
1. The District Attorney’s Office determines, in
writing, that good cause exists to inquire about or
investigate the person’s immigration status.
2. The person has been arrested for and charged with
a crime.
Chapter 24 Section 6 Page 6 of 18
3. As may be constitutionally or otherwise legally
required during the criminal litigation discovery
process.
VI. PROCEDURE
A. Officer's Duty
1. Officers shall conduct a thorough and complete
investigation in all suspected and confirmed Hate
Crimes, Non-Designated Hate Offenses, or Hate
Incidents.
2. Officers shall make every effort to become
familiar with organized hate groups operating in the
community and information regarding such activity
should be documented and a copy forwarded to the Hate
Crimes Unit and the Criminal Intelligence Section.
B. Initial Response Procedures - Initial responding
officers at the scene of a suspected Hate Crime, Non-Designated
Hate Offenses, or Hate Incident shall take preliminary actions
deemed necessary, including, but not limited to, the following:
1. Secure the scene. Steps should be taken so that
the initial situation does not escalate. This includes
but is not limited to:
a. Stabilizing injured victims and providing
necessary medical aid.
b. Providing protection to victims and
witnesses at the scene.
c. Protecting the crime scene and notifying the
appropriate command that will cause the
collection and photographing of physical evidence
such as hate literature, spray paint cans, and
symbolic objects used by hate groups, such as
swastikas and crosses.
2. Request a supervisor and notify the Hate Crimes
Unit of the incident via the Communications Section
supervisor.
3. Request the assistance of a translator or
counselor when necessary.
Chapter 24 Section 6 Page 7 of 18
4. Identify criminal evidence on the victim if
applicable.
5. Conduct a preliminary investigation and record
information on:
a. The identity of suspects.
b. The identity of witnesses, including those
no longer at the scene.
c. Statements made by suspects; exact language
is critical.
d. Information received or known regarding any
prior bias motivated occurrences in the immediate
area or of other victims of crimes similar in
nature.
6. Arrest suspect(s) if probable cause exists.
a. Detain and/or transport any arrested person
to a police facility as directed by a supervisor
and/or investigator.
b. The protective class status of the suspect,
the victim, or of both, is not independently
conclusive regarding whether an incident
constitutes a Hate Crime.
c. Members of the Department are reminded,
consistent with the New York State Penal Law,
juveniles can be charged with committing Hate
Crimes. Additionally, as per Penal Law Section
485.05 (3), any attempt or conspiracy to commit
any of the designated Hate Crimes can be
prosecuted as a Hate Crime.
7. Take measures to ensure necessary preliminary
actions are taken and brief the responding supervisor
as to actions taken. During the investigation, look
for possible signs that the incident may be a Hate
Crime, Non-Designated Hate Offenses, or Hate Incident:
a. The motivation of the suspect or lack of
motive.
Chapter 24 Section 6 Page 8 of 18
b. Statements made by the suspect.
c. The presence of multiple suspects.
d. The display of offensive symbols, words or
acts.
e. Hate literature found in the possession of
the suspect.
f. Consider whether the victim is from a
Protected Class different from the suspect.
g. The absence of any motive. The brutal nature
of a particular incident may be indicative of a
possible Hate Crime, particularly when the
suspect and victim don’t know each other.
h. The suspects' perception of the victim,
whether accurate or not.
i. The victim’s perception that they were
selected because they are a member of a Protected
Class.
j. The date, time or circumstances of the
occurrence - such as on a religious holiday, or
at a gathering of a group of people affiliated by
ethnicity, religion, sexual orientation, etc.
k. Determine if the incident is an isolated
occurrence or part of a pattern. The behavior may
be part of a course of conduct that changes the
severity of the event and helps establish
criminal culpability in certain cases. The
potential to connect incidents is important and
may have significant investigative value.
l. Be alert for multiple incidents occurring in
a short time period and all the victims are from
the same Protected Class, potentially indicating
the presence of a pattern.
m. Consider whether the incident occurred in
proximity to an establishment that could be
associated with one of the Protected Classes.
Chapter 24 Section 6 Page 9 of 18
n. The suspect may have targeted a particular
portion of the victim’s body (e.g., a Sikh victim
forcibly having their hair cut, or a victim
targeted for their sexual orientation being
attacked near or around their genitalia).
o. Be cognizant of dual motivation by some
suspects. Example: A suspect may be looking to
commit robberies and may be specifically
targeting elderly victims.
8. The mere mention of a bias remark does not make an
incident bias motivated, just as the absence of a
remark does not make an incident without bias.
a. Even the mere perception that an incident
may be motivated by bias shall necessitate a
notification to a patrol supervisor and the Hate
Crimes Unit.
C. Supervisory Responsibilities
1. Responds to the scene of all possible Hate
Crimes, Non-Designated Hate Offenses, or Hate
Incidents and confers with the initial responding
officer(s).
2. Takes preventive measures to ensure the safety of
the victim.
3. Ensures necessary preliminary actions have been
taken.
4. Notifies the Hate Crimes Unit and the responsible
investigative command. Ensures that officers and
investigators conduct a thorough preliminary
investigation.
5. Notifies the Communications Section supervisor
and other appropriate personnel in the chain of
command, depending on the nature and seriousness of
the possible Hate Crime, Non-Designated Hate Offense,
or Hate Incident, and its potential inflammatory and
related impact on the community.
Chapter 24 Section 6 Page 10 of 18
6. Ensures all relevant facts are documented; an
Incident Report, Arrest Report, or both.
D. Hate Crime Investigators’ Responsibilities
1. In responding to the scene of an alleged Hate
Crime, Non-Designated Hate Offense, or Hate Incident,
investigators shall assume control of the
investigation to include the following:
a. Ensures the scene is properly protected,
preserved and processed.
b. Conducts a comprehensive interview of all
victims and witnesses.
(1) Allows the victim opportunity to
express their immediate concerns and express
their feelings.
(2) Expresses the importance the Department
places on these types of incidents and
describes the measures that will be taken to
apprehend the suspect(s).
c. Canvasses the neighborhood for additional
sources of information.
d. Determines if the incident is an isolated
occurrence or part of a pattern. The behavior may
be part of a course of conduct that changes the
severity of the event and helps establish
criminal culpability in certain cases. The
potential to connect incidents is important and
could have significant investigative value.
e. Works closely with the District Attorney’s
Office.
f. Coordinates the investigation with other
units of the Department and with outside agencies
where appropriate.
g. Coordinates the investigation with agency,
state, and regional crime analysis centers. These
sources shall provide the investigative officer
with an analysis of any patterns, organized hate
Chapter 24 Section 6 Page 11 of 18
groups, and suspects potentially involved in the
Hate Crime or Non-Designated Hate Offense.
h. Ensures all physical evidence of the
incident is removed as soon as possible after the
offense is documented. If evidence of an
inflammatory nature cannot be physically removed
(e.g., painted words or signs on a wall), the
owner of the property shall be contacted and
requested to take measures to ensure removal as
soon as possible. The Hate Crimes investigator
shall follow-up to ensure this is accomplished in
a timely manner.
i. Notifies the Commanding Officer of the Hate
Crimes Unit.
j. Maintains contact with the initial
responding officer(s) and keeps them apprised of
the status of the case.
2. Hate Crimes investigators shall take steps to
ensure appropriate assistance is being provided to
Hate Crime victims, to include the following:
a. Contacts the victim periodically to
determine whether they are receiving adequate and
appropriate assistance.
b. Provides ongoing information to the victim
about the status of the criminal investigation.
c. Identifies individuals or agencies that may
provide support and assistance. These may include
family members or close acquaintances, a family
clergyman or Departmental chaplain, as well as
community service agencies that provide victim
assistance, shelter, food, clothing, child care,
or other related services. Provides information
regarding New York State Office of Victim
Services.
d. Informs the victim about the probable
sequence of events in the investigation and
prosecution.
Chapter 24 Section 6 Page 12 of 18
e. Explains security measures and precautions
to the victim.
3. In every case where a Hate Crimes investigator is
consulted and determines that an incident is not a
Hate Crime, a non-designated Hate Offense or a Hate
Incident, the Hate Crimes investigator will prepare a
Supplementary Report indicating the Central Complaint
number, the name of the notifying officer, the title
of the incident, the follow up command, and the basis
for determination by the Hate Crime investigator as to
why the incident does not meet the criteria for a Hate
Crime, Non-designated Hate Offense or a Hate Incident.
This Supplementary Report will be forwarded to the
assigned investigative command.
E. Hate Crimes Unit Commanding Officer's Responsibilities
- The Commanding Officer of the Hate Crimes Unit closely reviews
case folders relating to every Hate Crimes Unit investigation to
ensure proper investigative techniques and Department procedures
were followed and to make certain the victim(s) was contacted
and kept apprised of the ongoing investigation and has been made
aware of any appropriate victim services available. The Hate
Crimes Unit Commanding Officer or designee shall further act as
a liaison to the Suffolk County District Attorney’s Office and
the United States Attorney’s Office to ensure the proper
charging and prosecution of hate crimes.
F. Supervisory Review of Hate Crimes Cases -
1. The supervisory review of Hate Crimes Unit case
will begin at the level of Detective Sergeant. The
Detective Sergeant will review each case on an ongoing
basis.
2. The Commanding Officer of the Special Victims
Section will conduct random audits of Hate Crimes Unit
cases and report the results via Internal
Correspondence to the Commanding Officer of the Major
Crimes Bureau on a quarterly basis. Fifteen percent
(15%) of the cases will be selected, on a quarterly
basis, for random audit using a computerized selection
program which selects case numbers at random. The
Internal Correspondence will provide a brief
description of the case along with a synopsis of the
investigation. The synopsis will be based on
Subdivision VI. D. of this Section, Hate Crimes
Chapter 24 Section 6 Page 13 of 18
Investigators’ Responsibilities, which serves as the
required criteria for a complete investigation.
3. The Commanding Officer of the Major Crimes Bureau
will conduct a quarterly review of Hate Crimes Units
cases with the Commanding Officer of the Special
Victims Section, and any other personnel deemed
necessary.
4. The Commanding Officer of the Major Crimes Bureau
will prepare a report describing the aforementioned
random audits and forward the same through the chain
of command. Said report will be done every six months.
5. The Commanding Officer of the Special Victims
Section or his /her designee will prepare a monthly
report of Hate Crimes Unit cases. The report will
consist of a description of the incident, a synopsis
of the investigation, and the case status. This status
report will be the subject of a monthly briefing
conducted by the Chief of Department or his designee.
The Commanding Officer of the Special Victims Section
or his designee shall be prepared to describe the
investigative techniques utilized in each case.
6. The Commanding Officer of the Special Victims
Section, or his/her designee, upon completion of the
quarterly review will notify Hate Crimes personnel via
Internal Correspondence of the findings of the review
to ensure compliance with Section VI., D. Hate Crime
Investigators Responsibilities. Recommendations on
investigation methods used will be provided, if
needed.
G. Recommended Procedure When Suspect is Not in Custody or
Has Not Been Identified -
1. Coordinate investigation with other Department
units.
2. Conduct an extensive canvass and distribute
bulletins in area of the incident.
3. Debrief individuals arrested in the area.
4. Work with media to attempt to garner witnesses
and investigative leads.
Chapter 24 Section 6 Page 14 of 18
5. Follow up leads in timely manner.
H. Incident Report Preparation - Incident Reports should
clearly indicate the following information:
1. Hate Crime designated Penal Law.
2. Victim's Protected Class (if applicable).
3. Offender's Protected Class (if applicable).
4. The narrative portion of the Incident Report
should document that the perpetrator intentionally
selected the person against whom the offense is
committed or intended to be committed – or, that the
perpetrator intentionally committed the act or acts
constituting the offense - in whole or in substantial
part because of a belief or perception that the victim
is a member of a protected class, regardless of
whether the belief or perception is correct. The
apparent specific bias motivation of the suspect
should be documented (Ex: selected victim because he
was Hispanic, Jewish, Muslim, etc.).
I. Hate Crimes Unit Data Tracking and Analysis - A system
for recording data related to Hate Crimes and Hate Incidents.
Data captured will be analyzed, categorized, and mapped, with
resultant information utilized to conduct educational, outreach
and other initiatives geared towards reducing bias and the
likelihood of the successful commission of Hate Crimes. The
Commanding Officer of the Special Victims Section, or his /her
designee, shall be responsible to maintain the Hate Crimes Unit
database.
1. Data relating to Hate Crimes (as per New York State
Department of Criminal Justice Services Hate Crime
Incident Report, DCJS 3294), Hate Incidents and other
incidents, (Possible Hate Offenses on Communications
Section Log), will be entered into the appropriate
category within the Hate Crimes Unit database. The
Hate Crimes Unit will be responsible for entering,
maintaining, and analyzing the Hate Crimes Unit
database. The data will consist of: Central Complaint
number, date of occurrence, address of occurrence,
category (DCJS, Hate Incident, Other), Penal Law name
and section(if applicable), bias motivation, latitude
Chapter 24 Section 6 Page 15 of 18
and longitude, Precinct of occurrence, the victim and
offender(s) sex, age, race and ethnicity if known.
2. The Hate Crimes Unit analyzes the data in real time
for the existence of patterns or trends that indicate
hate crimes or hate incidents may be occurring wherein
the victim(s) had been targeted as a member of a
protected class. The analysis will also seek to
identify clusters of incidents in a geographic area,
incidents occurring within a similar time frame and
the demographics of the offenders when known. The Hate
Crimes Unit will prepare a map from the data on a
monthly basis. The map will be available through the
GIS map portal to: the Police Commissioner, Deputy
Police Commissioner, Deputy Chief in the Office of the
Commissioner, Chief of Department, Chief of
Detectives, Deputy Chief of Detectives, Chief of
Patrol, Assistant Chief of Patrol, Deputy Chief of
Patrol, , Inspector and Captain in the Chief of
Patrols Office, Chief of Support Services, Inspector
in the Office of Chief of Support Services, and the
Inspector, Deputy Inspector, Captain, Detective
Lieutenant and Crime Section Commanding Officer in
each Precinct. The Commanding Officer of the Special
Victims Section and all Hate Crimes personnel will
also have access to the GIS map portal.
3. Information of possible trends and patterns
regarding the type of hate act, frequency of
occurrence, geographic area of occurrence and type of
victim will be utilized to:
a. Alert appropriate Patrol and Detective
Division personnel, including Precinct and Bureau
Commanding Officers, of said activity.
b. Alert supervisory personnel within Community
Response Bureau of potential patterns of
activity. School Resource Officers will also be
provided with said information.
c. Alert the Special Advisor to the Police
Commissioner on Minority Affairs of potential
patterns of activity.
Chapter 24 Section 6 Page 16 of 18
d. Coordinate educational and other initiatives
in an effort to reduce bias and prevent the
possible commission of Hate Crimes.
e. Coordinate with associated governmental
organizations and agencies such as the Human
Rights Commission, the Suffolk County Office of
Minority Affairs, etc.
f. Coordinate with community-based groups and
religious organizations.
4. A report analyzing these trends shall be produced
annually, disseminated throughout the Department and
made available to the public via the Department’s
internet page.
J. Hate Crime Victim Advocacy, Offender Awareness Education
and Community Educational Services -
1. Suffolk County STOPBIAS - An educational program
for Hate Crime offenders. Offenders meet with members
of law enforcement agencies, a sensitivity facilitator
and a representative from the offended community for
the purpose of examining the incident itself, and the
effect of hateful conduct on the injured party and the
community. STOPBIAS is also available as a community-
wide educational program for schools, religious and
civic associations. There are no age restrictions on
program participation, and parents can attend with
children. Participants are recommended by the Suffolk
County Probation Department or a Judge as part of
sentencing. Voluntary referrals can be made through
the Department, District Attorney’s Office, school
districts and community-based organizations. Voluntary
referrals may also be appropriate for Hate Incidents.
The STOPBIAS phone number is 631-793-5488.
2. Suffolk County Crime Victims Center's Hate Crime
Advocacy and Outreach Program - Victims of Hate Crimes
can experience mental, physical and/or emotional
trauma that can have a lifelong devastating impact.
Early intervention and the provision of crime victim
services can greatly reduce the negative impact crime
has on victims, their family and the community. The
Suffolk County Crime Victim Center’s Hate Crime
Advocacy and Outreach Program may assist with the
Chapter 24 Section 6 Page 17 of 18
provision of crime victim services to Hate Crime
Victims, and is available twenty-four hours a day at
631-626-3156.
VII. ACCREDITATION
A. NYSLEAP 44.2
VIII.INDEX
Hate Crime - 24/6
Hate Crimes 24.6 Appendix A
NYS Penal Law Specified Hate Crime Offenses §485.05(3)
120.00 assault in the third degree
120.05 assault in the second degree
120.10 assault in the first degree
120.12 aggravated assault upon a person less than eleven years old
120.13 menacing in the first degree
120.14 menacing in the second degree
120.15 menacing in the third degree
120.20 reckless endangerment in the second degree
120.25 reckless endangerment in the first degree
121.12 strangulation in the second degree
121.13 strangulation in the first degree
125.15 (sub div 1) manslaughter in the second degree
125.20 (sub div 1, 2 or 4) manslaughter in the first degree
125.25 murder in the second degree
120.45 stalking in the fourth degree
120.50 stalking in the third degree
120.55 stalking in the second degree
120.60 stalking in the first degree
130.35 (Sub div 1) rape in the first degree
130.50 (sub div 1) criminal sexual act in the first degree
130.65 (sub div 1) sexual abuse in the first degree
130.67 (Sub div 1a) aggravated sexual abuse in the second degree
130.70 (sub div 1a) aggravated sexual abuse in the first degree
135.05 unlawful imprisonment in the second degree
135.10 unlawful imprisonment in the first degree
135.20 kidnapping in the second degree
135.25 kidnapping in the first degree
135.60 coercion in the second degree
135.65 coercion in the first degree
140.10 criminal trespass in the third degree
140.15 criminal trespass in the second degree
Chapter 24 Section 6 Page 18 of 18
140.17 criminal trespass in the first degree
140.20 burglary in the third degree
140.25 burglary in the second degree
140.30 burglary in the first degree
145.00 criminal mischief in the fourth degree
145.05 criminal mischief in the third degree
145.10 criminal mischief in the second degree
145.12 criminal mischief in the first degree
150.05 arson in the fourth degree
150.10 arson in the third degree
150.15 arson in the second degree
150.20 arson in the first degree
155.25 petit larceny
155.30 grand larceny in the fourth degree
155.35 grand larceny in the third degree
155.40 grand larceny in the second degree
155.42 grand larceny in the first degree
160.05 robbery in the third degree
160.10 robbery in the second degree
160.15 robbery in the first degree
240.25 harassment in the first degree
240.30 (sub divisions 1, 2, or 4) aggravated harassment in the
second degree
- or any attempt or conspiracy to commit any of the foregoing
offenses
END
